HomeMy WebLinkAbout20060707.tiff Firestone
A Community
E.W... 1 tvna In Motion
`�
January 11, 2006
Mr. Kim Ogle
Weld County Planning Department
918 10`h Street
Greeley, CO 80631
Re: Case PZ-1078 St. Vrain Lakes PUD
Dear Kim:
As we discussed, please consider the following comments in relation to the above
referenced application:
• The single family detached residential densities appear to be significantly higher
than typical single family developments in Firestone_ Having such high single
family detached residential densities could negatively impact development quality
and public safety.
• Firestone has understood that urban densities would be contained within urban
growth boundaries. The expansion of the MUD and associated urban densities
continues to raise questions in that regard.
Thank you for the opportunity to comment. Please contact me if you have any questions.
Sincerely,
Bruce Nickerson
Town Planner
cc: Cheri Andersen, Town Administrator
2006-0707
151 Grant Ave. - P.O. Box 100 • Firestone, CO 80520 EXHIBIT
(303) 833-3291 • fax (303) 833-4863 II
( iti \ Weld County Referral
' October 18, 2005
�i
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Tom Morton Case Number PZ-1078
Please Reply By November 15, 2005
Planner Kim Ogle
Project PUD Change of Zone from (A)Agriculture to PUD with (E) Estate ; (R-1) Low • r
Density Residential; (R-2) Duplex Residential; (R-3) Medium Density Residential; 4
(R-4) High Density Residential; (C-1) Neighborhood Commercial and (C-2)
General Commercial and continuing Oil and Gas Production Uses in the Mixed
Use Development Overlay District (St. Vrain Lakes PUD)
Legal Parts of Sections 25, 35, and 36, T3N, R68W of the 6th P.M., Weld County,
Colorado.
Location East of and adjacent to CR 19 and 1/4 mile north of CR 70.
Parcel Number Various Parcels
t
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request. Please note that new
information may be added to applications under review during the review process. If you desire to
examine or obtain this additional information, please call the Department of Planning Services.
Weld County Planning Commission Hearing (if applicable) December 20, 2005
L I We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
�❑( We have reviewed the request and find no conflicts with our interests.
l'C. See attached letter. � A t�
Comments: (1I�- E-.,
E.A Sea " 1 hF
Signature
Date II-It-p(o
Agency sow N o F FI R st-W
.1-weld County Planning Dept. t918 10"'Street, Greeley,CO.80631 <•(970)353-6100 ext.3540 ••(970)304-6498 fax
JAN. 11. 2006 2: 14PM CARMA NO. 3706 P. 2
'"°°"TA'" MOUNTAIN VIEW FIRE PROTECTION DISTRICT
w Administrative Office:
tiffs,r� c 9119 County Line Road•Longmont,CO 80501
a ~� e (303) 772-0710•FAX(303)651-7702
toted DEC .8
7116
December 7,2005
Weld County Commissioners
Ply It Street
P.O.Box 758 -
C`r'teeley.CO 80637
Dear Commissioners:
The purpose of this letter is to let the Commissioners know how cooperative the Carma Company has been as it relates
to working with the Mountain'View Fire Protection District in trying to serve present and future population based areas
in our Fite District_
Approximately one year ago the Fire District was contacted by Canna representative Tyler Packard about the
possibility of the Comm Company developing some property east of I-25 and south of State Highway 66 in
unincorporated Weld County and what type of impact such a development might have on the Fire District. Alter
working through a series of meetings so that Corm*could better understand the Fire District's needs in order to sent a
development of the size being proposed,Canna hos agreed to meet a number of these needs. In particular,Carta has
agreed to meet the Fire District's access (road) requirements as well as meet the Fire Districts roadway width
requirements. Road access and width requirements are crucial in making sure fire apparatus can adequately reach all
areas of the development. Additionally they will work to provide the District with land to build a lire station on In
order to better serve the arca being considered for this development.
Throughout the entire process. Carma has assisted the Fire District in understanding what their short and long range
development plans are regarding a project of this size as well as what the timing sequence will be so the Fire District
con also plan for its lhrure needs.
Carina has agreed to continually up date and include tht Fire District in its planning process with Weld County and
other governmental agencies and businesses as this project goes forward. We are pleased to note that without tills type
of involvement,the Fire District would not be as well prepared to meet the needs of not only this project but also other
projected developments in the surrounding Weld County area. ,., ... •
Than you for your time and should you have any questions.please feel free to call me at 303-772-0710.
m ty,
S Pischke
Dep Chief
SJP/sp . ' .
PC: Fin District Board EXHIBIT
. ,Tle Prlinack DePackard.
a I
Tyler Prichard.Carma ,
Fred Tafoyn.Carroll;it Lange.Inc.
(lie Sit--
sp.12.d?.D5 I
suaan 1 8ttn 2 wean a 343.4Y,3 ]Line 5 ]talon a ataaon r
9119 Cc*Lila Rd. 14308Moadat.umt a P.O.Box 533 PO.80x11 10911 Oobbh Run aoaenMla Dr 1eaa9.Forst at.
1.00041010.CO 10010009.CO 899 weal AW. 8500 Wei Rose Laelyif,CO aAR CO
ard01 80804 Meat CO 30542 Nuet CO 80544 80818 80518 Oteano,CO 80514
Page 1 of 1
Kim Ogle
From: Segrue Glen [Segrue_Glen@stvrain.k12.co.us]
Sent: Friday, January 13, 2006 4:38 PM
To: Kim Ogle
Subject: St. Vrain Lakes Application
Hi Kim. I'm e-mailing to let you know Carma and the School District have come to an agreement in principal
concerning mitigation, however, it hasn't yet been formalized. We'll be swapping signatures late next week. I
thought you should know since I understand they're before the commissioners Tuesday night and probably won't
have signed copies just yet.
EXHIBIT
X21
01/16/2006
L-H-N„s\
MEMORANDUM
WIlDTO: Kim Ogle, Planner DATE: 12-January-2006
�• FROM: David Bauer, P.E., Public Works Department
COLORADO SUBJECT: CLOMR for PZ-1078 St. Vrain Lakes PUD
Weld County Public Works Department has reviewed the CLOMR report and application for the St. Vrain Lakes —
Carma project.
Comments
❑ St. Vrain Lakes PUD is planned for up to 5,131 single family residential and commercial building sites. The south
edge of the proposed project borders the 100-year floodplain of the St. Vrain River.
❑ Canna / St. Vrain Lakes PUD (applicant) has submitted, to Weld County and FEMA, a 12/12/05 CLOMR report
requesting a revision of the 100-year floodplain map. The report relies on an un-published 1977 U.S. Army Corps of
Engineers hydrology report for determination of the peak flow in the St. Vrain River. The peak flow in the St. Vrain
River is influenced by seasonal snowmelt in addition to contributions from rainstorm runoff.
❑ A substantial amount of change to the St. Vrain River drainage basin up-gradient of the Carma/St. Vrain Lakes site
due to new development has occurred since 1977. Those structural changes likely contributes a significant amount of
runoff to the river. On-going sand and gravel mining up-gradient of and adjacent to the Carma/St. Vrain Lakes site
also likely influence the flood response of the river. The modeling approach presented in the CLOMR report is an
acceptable approach to evaluation the 100-year floodplain,however the hydrologic assumptions need verification.
❑ The applicant should verify and demonstrate in the 12/12/05 CLOMR report that the estimated peak flows passing by
the proposed development property accurately reflect current conditions.
❑ The report assumes that the existing berms, that were left by prior gravel and sand mining along the north side of the
St. Vrain River channel, will continue to exist in their present configuration during the 100-year flood. This
assumption may not be justified for un-armored, geotechnically unstable sand and gravel deposits. Additional
supporting information is needed to justify this assumption.
❑ The report does not address the length of time that the peak flow occurs. The 12/12/05 CLOMR report assumption,
that the ponds located at the St. Vrain Lakes site have capacity to receive the proposed overflows, needs to be
evaluated. It may be that the ponds' storage capacity is soon exhausted and that the remaining peak flows pass
downstream unattenuated in the main river channel causing higher water levels than projected.
ci The CLOMR report cannot be accepted until it has been stamped, signed and dated by a professional engineer
licensed in the State of Colorado
Recommendation
The Public Works Department does not recommend approval of this CLOMR application. Public Works is amenable
to meet with the applicant to discuss the above noted concerns.
IBIT
Page 1 oft I
r1/-1I
hvr;cj 4' K• l � ��04.
M°uNrA/" MOUNTAIN VIEW FIRE PROTECTION DISTRICT
Administrative Office:
9119 County Line Road• Longmont, CO 80501
(303) 772-0710• FAX (303) 651-7702
vlen
Weld C0W;:1,1 Department
:Y OFFICE
JAN 1 ;.giUc
RECEIVED
January 16. 2006
Mr. Kim Ogle 970-304-6498
Weld County Planning Department
918 10`h Street
Greeley, CO 80631
Dear Mr. Ogle:
This letter is written regarding the zoning change application for the Saint Vrain Lakes/Carina
project, located east of and adjacent to the east 1-25 Frontage Road; west of and adjacent to Weld
County Road 13; and south of and adjacent to Highway 66. (Case Number PZ-1078, Applicant
Name: Torn Morton).
The Fire District has reviewed Sheet 20— Street Cross Sections from a plan set recently submitted
by the applicant dated December 2005. The District finds that the street widths meet the
requirements of the Fire District.
We appreciate being involved in the planning process. Should you have any questions. please
contact me at 303-772-0710.
Sincerely,
LuAnn Penfold
Fire Marshal
LMP/lp
cc: Mr. Fred Tafoya- Caroll &Lange, Inc., 303-980-0917
project file
4)01.15.06
EXHIBIT
_
Station 1 Station 2 Station 3 Station 4 Station 5 Station 6 Station 7
9119 Cnty Line Rd. 14308 Mead SL,Unit B P.O.Box 575 P.O.Box 11 10911 Dobbin Run 50 Bonanza Dr. P.O.Box 40
Longmont.CO Longmont,CO 299 Palmer Ave. 8500 Niwot Road Lafayette,CO Erie,CO 100 So.Forest St.
80501 80504 Mead,CO 80542 Niwot,CO 80544 80026 80516 Dacono,CO 80514
St. v ram Valley
Weld Co GREELEY OFFIilliiCE ct
January 10,2006
FEB 0 2 2006
Kim Ogle
Weld County Planning Department RE C E IV E D
918 10`h St.
Greeley,CO 80631
RE: Voluntary Capital Mitigation for St.Vrain Lakes(a.k.a Bayshore) Subdivision.
Dear Kim,
Pending approval of the above application by Weld County,this will confirm that the St.Vrain Valley School District
has reached an agreement with Canna Colorado,Inc.,evidenced by the signatures below, in regard to the donation of
mitigation funds to address a potential future lack of school capacity for the St.Vra.r.Lakes(a.k.a.Bayshore)
subdivision. Canna Colorado,Inc has voluntarily offered to mitigate their impacts on the capacity of the Skyline High
School Feeder schools by providing mitigation payments prior to the recording of each final plat filing. Payments will be
made only for those schools which are projected to exceed the 125%capacity benchmark at the time of each final plat
filing,and will include: $1,290.00 per unit should the elementary school be projected to exceed 125%of capacity,
$750 55 per unit should the middle school be projected to exceed 125%of capacity,and$716.08 per unit should the high
school be projected to exceed 125%of capacity. This mitigation wil l essentially solve the issue of exceeding the school
benchmark by providing the funding necessary to add classroom space or help construct new schools to accommodate
the expected student yield from this project. In reliance upon the expected receipt of these funds,the School District will
not recommend denial of the project at this time.In addition to the payments noted above,the St. Vrain Valley School
District is also requesting that a dedication of land be completed for this site.Details of the land dedication will be
worked out on a separate agreement prior to the recordation of the final plat.
As indicated above,the mitigation payments shall be provided for all units in each final plat or filing of the St.Vrain
Lakes subdivision prior to the release by the County of any individual final plat for recording. As an alternative to
making payments at each final plat filing,the School District will accept mitigation according to a pre-arranged phasing
plan supplied by Carma Colorado,Inc. Such a phasing plan shall be provided to the School District prior to the approval
of the St.Vrain Lakes first Final Plat application to Weld County and shall detail the number of lots and the location of
each phase.Payments for all housing units within each phase would then be due prior to the commencement of any
housing construction for the corresponding phase. Any future changes or variations requested by the developer on the
standard mitigation calculation and payment schedule would need to be considered by the School District Staff and/or
the Board of Education. This could include current negotiations to allow Canna Colorado,Inc to construct,or provide
funds to construct,an elementary school within St. Vrain Lakes subdivision,the cost of which could be paid back by the
District through pooled mitigation funds,or through passage of a school bond at a later date.The District may also
consider,but with no obligation,deferring future payments by the developer if the necessary additional school capacity
is completed prior to construction of the fast unit in this project. Any changes,determined to be acceptable by the
District,would be communicated to Weld County and the Planning Staff in writing
Thanks for your assistance in this matter. Any further questions can be directed to the contacts and phone numbers
below.
Sincerely,
School District: - D eloper: /
C at.. do,Inc �J ///�
r'^ Scott ToiRion,AICP /VNvf G/,/l.,
Lceoa of Pl.uuu:ng By: T r.,ton
St. Vrain Valley School District Senior Vice President
HIBR
ST.VRAIN VALLEY SCHOOL DISTRICT PLANNING DEPARTMENT. 395 SOUTH PRATT PARKWAY, LONG
80501.SCOTT TOILLION,DIRECTOR. PHONE 303-682-7229.FAX 303-682-7344.
,.^. GRANT,GRANT bGomJN LLP
MEMORANDUM
DATE: JANUARY 25,2006
TO: LEE MORRISON
FROM: SUZAN D. FRITCHEL
GRANT, GRANT& GOWAN, LLP
RE: SUMMARY OF WINDY GAP AGREEMENTS
1. Introduction. The WILL SERVE LETTER, dated October 15, 2004, from the Little
Thompson Water District ("LTWD") commits to serve the St. Vrain Lakes development
project with certain conditions regarding the provision of water rights to support that
service. To satisfy those conditions, Carma(Colorado), Inc., owner and developer of the
St. Vrain Lakes development entered into an Agreement for Water Extensions with
LTWD on April 7, 2005 ("Agreement for Water Extensions"). LTWD,
contemporaneously with the Agreement with Carma, executed an Intergovernmental
Agreement For the Lease of Twelve Windy Gap Units, With Option to Purchase with
the City of Greeley, Colorado ("Intergovernmental Agreement").
2. Intergovernmental Agreement
a. Parties. City of Greeley, Colorado, a home rule municipal corporation ("Greeley")
and Little Thompson Water District, a Colorado Special District and quasi-municipal
corporation ("LTWD").
b. Purpose. The purpose of the Agreement is to provide for the lease and sale of 12
Windy Gap Units (the "Units") of the Municipal Subdistrict, Northern Colorado
Water Conservancy District(the"Subdistrict")from the Greeley to LTWD.
c. Term of Lease. The lease term is for successive years until LTWD exercises its right
to purchase the Units with an outside lease term of 12/31/10.
d. Lease Payments. LTWD pays the annual assessment, pays for all past and future
costs of the Firming Project.
e. Exercise of Option. LTWD must exercise it option to purchase the Units, provided
the property to be served is within the boundaries of the Subdistrict, within 45 days
from the date of the issuance of certain permits for the Firming Project, unless
extended by the parties, with an outside date of 12/31/10.
3. Agreement for Water Extensions.
a Parties. LTWD and Carma(Colorado), Inc. , ("Carma"),
G\QCAMMAWIN050125 TWO AGREEMENTSMEMO.SUMMARY Of WINDY GAP
AGREEMENTS 20050125 DOT
EXHIBIT
51
PAGE 2
2.2.2006
b. Purpose. The purpose of the agreement is to provide for water service to Carma's
development and the terms and conditions for that service.
c. Carma is responsible for all the costs associated with construction of the water
facilities within and off-site for the planned 24 inch diameter transmission line to
enable water service. Such construction may be performed by LTWD or by Carma, if
so agreed.
d. Carma is bound by all of the Rules and Regulations and policies in place or as
adopted in the future.
e. Carma agrees to supply the water rights as required by the current Rules and
Regulations of LTWD. This agreement is conditioned on the successful execution,
approval and closing of the Intergovernmental Agreement between Greeley and
LTWD.
f Carma may be entitled to rebates and/or reimbursements if other customers of LTWD
benefit from the water facilities.
g. The agreement is not conditioned upon the construction of the Firming Project and
Carma is permitted to transfer other water rights to LTWD in satisfaction of the raw
water dedication requirement.
h. Since Windy Gap is reusable water, Carma is entitled to reuse it for the outside raw
water irrigation system in its development.
7 February, 2006
5128 Mount Saint Vrain Avenue
Frederick, Colorado 80504
Weld County Planning Department
Chairman Bruce Fitzgerald and Commissioners GREELEY OFFICE
Weld County Planning Commission FEB 0 9 2006
918 10th Street
Greeley, Colorado 80631 RECEIVED
Respected Commissioners:
I am writing to you today in regards to PZ-1078 which you are scheduled to consider at your 16
February meeting. This item proposes changing the zoning of an excess of 1,000 acres from
agriculture and related to residential and commercial uses. This is expected to result in
approximately 5,000 new residential lots in the rapidly growing south-western portion of Weld
County.
I live within a few miles of this proposed development and am deeply concerned by the
possibilities. I have no opposition to people being able to develop their land, but I feel that
things must be done equitably and with respect for all. Of course, this is the function of
government. My concern is that the appropriate government bodies make decisions in an
informed and considerate manner. I feel strongly that the county should administer completely
in the sparsely populated areas of the County where people are largely independent and look
primarily for Sheriff services. In those areas which are more densely developed, it is very
important that municipal or city governments provide local health, safety, environmental,
development and building oversight.
I believe that the interests of future residents of this proposed development as well as all
surrounding Weld County residents will be much better served by requiring the developers to
become annexed by an existing municipal entity such as Mead, Firestone, or Longmont. Failure
to require this annexation will result in great taxation of County resources such as Sheriff,
building inspectors and others at significant cost to all County residents. One can easily foresee
the residents of this new community unfairly utilizing the parks, recreation centers and other
public facilities supported by residents of nearby municipalities. I foresee further issues such as
the likely future annexation of such a development, possible overwhelming of local school,
water, and sanitary services and lack of clear, cohesive planning and leadership in the
development of roads, parks, and other essential community resources.
I urge you to consider these and many other significant impacts of this development and require
the developers to work with the existing local municipal governments to achieve annexation.
Thank you for your interest in my concerns and your service to our community.
Sincerely,
/ii‘L.
Brian McCormick
5128 Mount Saint Vrain Avenue
Frederick, Colorado 80504
EXHIBIT
1 -
Bernard Lyons Caddis S. Kahn
A Professional Corporation � Attorneys and Counselors
February 10, 2006
Monica Daniels-Mika,AICP VIA FAX:970-304-6498
Weld County Planning Service Dept. ORIGINAL VIA U.S. MAIL
4209 County Road 241/2
Longmont, CO 80504
Re: Carma Colorado/St. Vrain Lakes Project
Change of Zone Application Project
Dear Ms. Daniels-Mika:
After receiving the attached letter from Cameron Grant, I became aware that the ditch from Highland
Reservoir No. 3 running east under 1-25 and through the proposed St. Vrain Lakes Project is owned
by the No. 3 Outlet Ditch Company. The No. 3 Outlet Ditch Company owns a prescriptive easement
across the property the width of which is determined by what is reasonably necessary to operate,
maintain, repair and replace the ditch. The rights of the landowner vis-a-vis the ditch easement
owner are defined in Colorado law. See Roaring Fork Club, LLC v. St. Jude's Company, 36 P.3d 1229
(Colorado) (2001). The Ditch Company will enter into negotiations with Carma at the appropriate
time including negotiating the width of the ditch easement, crossings and piping, etc. The Company
cannot make any guarantee as to the outcome of such negotiations. In such negotiations, the Ditch
Company will require that the company's costs be covered and reimbursed by Carma during the
negotiations.
Sincerely yours,
BERNARD, LYONS, GADDIS& KAHN,
a •rofessi a orporation
By :fir 4 u i
Je ' -y J a n /
jk n@ law.com
JJK:bas
bas
cc: Louis Rademacher, President
Jerry Hamlin, Secretary
Jill Baty, Office Manager
Board of Directors
Cameron A. Grant
Tyler Packard,Carma (Via fax 303-706-9453)
f:\clients\n\no3tic\20050526-uKdaniels•mka.0oc
EXHIBIT
1 .)45
515 Kimbark Street • Second Floor • P.O. Box 978 • Longmont, CO 80502-0978
Phone: 303-776-9900 • Fax: 303-413-1003 • www.blglaw.com
Wallace➢.Grant GRANT�TT, GRANT
S4T 436 Coffman Street.suite 200
Cameron A.Grant I\L—lL V 1 w 1 Poet Office Box 9os
PhilipD.Mitchel
& GOIRAN LLP Phale: 303.orado 006010908
Suzan D.Frtichel Phooe: 303.776.3100
Gwynoth A.E.Ayers Fax: 303.994.1349
ATTORNEYS AT LAW Email: lewln.ealaw.eom
Mark Seaingaton Web: www.¢llaw.com
C'elbfvcl R,bk A.mnnnv
William J.McCarron May 24,2005
Of Conant
Via E-Mail:ilcaluz iblglaze.conl
Jeffrey J. Kahn, Esq.
Bernard,Lyons, Gaddis &Kahn, P.C.
515 Kimbark Street,Suite 200
•
Longmont, Colorado 80501
Re: St. Vrain Lakes Project/Highland Ditch
Request for Letter to Weld County
Dear Jeff
This letter follows our phone conversation last week about the St. Vrain Lakes project east of I-
25 and just north of the St. Vrain river. Carma Colorado is processing rezoning and sketch plan
applications with Weld County. Eventual development of the northwest corner of St. Vrain
Lakes will impact the Highland Ditch and require that Carma seek the ditch company's approval
of a number of matters,possibly including a defined ditch easement, crossings,piping, etc.
Because Carma is only at the conceptual plan stage, it is premature to discuss specific plans for
areas adjacent to the ditch. Nonetheless, Weld County has asked that Carma provide a letter from
the Highland Ditch Co.indicating Highland's willingness to allow for such development. Will you
please present this letter to the Highland board and ask that they consider writing a letter to Weld
County indicating the ditch company's willingness to work with Canna at the appropriate time in
the future? The letter should be addressed to Ms. Monica Daniels-Mika, AICP, Weld County
Planning Services Dept., 4209 County Road 24 1/2 , Longmont, CO 80504, with a copy to my
office. If you need more information please give me a call.
Thank you and the Highland board in advance for your help on this.
Sincerely,
Grant, Grant & Goiran LLP
By
Cameron A. Grant
•
cc: Tyler Packard, via e-mail •
nuns,
Page 1 of 1
Voneen Macklin
From: virgina shaw [shawranches@msn.com]
Sent: Wednesday, February 15, 2006 8:48 AM
To: Voneen Macklin
Subject: St. Vrain Lakes Hearing TODAY
Feb. 16 --
To: Monica Mica-Daniels; Kim Ogle
Re: St. Vrain Lakes
I hope that this letter will be received in time to be made part of today's hearing with the Planning
Commission's change of zone for St. Vrain Lakes.
As a Weld County land-owner near Boulder Creek, I am deeply troubled that the county cannot find
a way to preserve more of the river corridor and lakes in this beautiful area. There is no need to
put this many homes in an area that is not part of a municipality. As you are probably aware,
Boulder County is presenting a proposal to preserve the creek corridor along Boulder Creek (in
Weld County).
Please reconsider this proposal -- and look for other alternatives to preserve this area. We need to
seriously protect our wildlife and river environment and this proposal will destroy it forever. You
will say that there are no means to do this, but why not try another ballot initiative, write proposals
to GoCo; or --- it all fails, call on Boulder County.
Thank you, Virginia Shaw
P.O. Box 1227
Longmont, CO 80502
Ph: (303) 772-1297
EXHIBIT
02/16/2006
APPENDIX 24-E(cont'd)
at
la
in
in
)01
U 0
/^ z
0 Y
Q U
a Y
rc
La W 2 N N V
j m
W - m
a yJ
cc a
J— a
O
K
O jI
b
'ry d
4 =
N
cc
z 41 F
m Y
m
Q a.
a
B.
in
z
• g
• C4
Appx 24-11
Sapp-I
f
MEMORANDUM
a
TO: Kim Ogle, Department of Planning May 4. 2005 WII'Dc FROM: Don Warden, Director Finance and Administration
COLORADO SUBJECT: Service Plan for St. Vrain Lakes Metro District
In response to your referral concerning the Service Plan for St, Vrain Metro District I
have the following to offer as it relates to the financial plan of the service plan primarily.
Other subjects of the service plan, such as, services in the area, compliance to master
plan (comprehensive plan), etc I will leave for other referral agencies with more
expertise:
The financial portion of the service plan is not adequate. Exhibit D, which is referred to
in the plan several times as the financing plan does not contain the information mention
in the text of the plan. There is no comprehensive financing plan included, no debt
schedule, no projections of assessed value, other financial forecasts, etc.
Also, as the plan discusses certain items I do not think it will meet the meet the criteria
be considered under the proposed Weld County District Policies being developed by
Chris Fellows. Specifically,
• Service Plans shall restrict their District's total mill levy to 50 mills. This shall be
a "hard cap", and will be inclusive of both debt service and operations and
maintenance mill levies. (Page 13 B.1 cites a maximum debt of 50 mills not
including a mill levy for operations and maintenance). (Page 13 8.3. cites an
unlimited mill levy). (Page 11 VI. there is no cap on mill levy for maintenance
and operation). (Page 13 8.2. no cap on mill levy). I would not recommend
approval of this plan without a maximum mill levy cap.
• Original Issuance of debt by the district shall be limited to debt which can be
sized, serviced and defeased with no more than 35 mills for debt service
purposes. (Page 13 8.1 cites maximum debt of 50 mills).
• Districts shall be limited to debt issuance for a maximum of 15 years with a
maximum maturity of 30 years.
• Provisions in the event of debt default need to be spelled out more.
Also, although it is not a part of this metro district some provision for a law enforcement
authority needs to be developed prior to final approve of this development.
If you have questions please do not hesitate to contact me. Sorry for not responding
sooner, but all I received was the plan left on my desk without any cover letter
requesting any response or evaluation.
Cc: Lee Morrison Weld County Planning Department
Monica Mika GREELEY OFFICE
MAY U 5 2005 EXHIBIT
Eastl25san'Iationdistnct
RECEIVED I 3
a
Arm; TO: 'Weld County Department of Planning Services
FROM: Lee D. Morrison, Assistant Weld County Attorney
I DATE:May, 9, 2005
illSUBJECT: Preliminary Review of Draft Service Plan —St Vrain Lakes
O Metro',District
C.
COLORADO
1. Don Warden has addressed the financial issues including the Mill levy issue. Any review without
the financial numbers becomes limited in scope. The Service Plan should include financial
projections prepared by an investment banking firm or financial advisor qualified to make such
projections which firm shall be listed in the "Bond Buyers Marketplace" as providing financial
projections. The financial projections should include calculations establishing the District's
maximum debt capacity. These calculations must use market based, market comparable
valuation and absorption data and shall not use an annual inflation rate greater than 3%. The
projected maximum debt capacity shall be used as the "Maximum Debt Authorization"in the
Service Plan, which shall not be exceeded without the written permission of the Board of County
Commissioners and without a modification of the Service Plan. All debt election questions and
related materials must be consistent with and in keeping with the "Maximum Debt
Authorization".
2. The maximum mill levy was addressed by Don Warden in more detail. I would concur that a hard
cap is recommended to apply to operations and maintenance as well. For other purposes, page 13
VII B may need some clarification. It appears the intent may be to allow unlimited debt so long
as the debt never exceeds 50% of assessed valuation and which would be acceptable.
3. In the event the District defaults on its debt, at any time, in any way, manner, shape, or form for
more than 30 days, the District shall be precluded from issuing or refunding any additional debt
of any kind whatsoever without receiving written permission from the Board of County
Commissioners following a public hearing on the matter. In the event the District defaults on its
debt more than once for any amount of time,the District shall be precluded from issuing or
refunding any additional debt of any kind whatsoever without receiving written permission from
the Board of County Commissioners following a public hearing on the matter. In the event that
the District defaults on any of its other financial contracts, agreements, obligations of any kind on
three or more occasions, the District shall be precluded from issuing or refunding any additional
debt of any kind whatsoever without receiving written permission from the Board of County
Commissioners following a public hearing on the matter.
4. Service Plans shall enumerate and describe all powers requested on behalf of the District.
Demonstration of the need or benefit of each such power is required. Granting powers, which are
not clearly needed, will not be encouraged. This service plan includes all powers without
reference to those which are deemed essential.
5. Service Plans shall include descriptions of any planned or likely inclusions into, or exclusions of
property from the District's boundaries.
6. The Service Plan shall describe any planned extraterritorial service agreements. The District will
be prohibited from providing any service outside its boundaries or from entering into any
extraterritorial service agreements other than those listed in the Service Plan without the written
permission of the Board of County Commissioners.
7. This envisions a multiple district arrangement and there is some discussion of the purpose for
such an arrangement. The Service Plan must fully describe and articulate the need, reasoning,
EXHIBIT
I 37
and mechanics any time a multiple District structure is proposed. Multiple District structures are
not generally encouraged. It is the intent of Weld County that"citizen/resident" control of
Districts is encouraged to occur as early as possible. However, when the nature of a project
requires a prolonged build-out period, and that "developer control" for an extended and
commensurate period of time is needed to ensure that"developer financing"of the project and
infrastructure continues, multiple District structures may be permitted. However, in such case,
the Service Plan shall make provision to dissolve the multiple District structure or otherwise
permit"citizen/resident" control at an appropriate time in the future. In the case of projects with
major commercial components, multiple District structures may be allowed to balance tax loads
and protect future commercial owners/tenants from the disparate interests of a"resident"
controlled District.
8. Operations and maintenance are allowed but only as a laundry list of powers. Public works staff
has indicated a concern that the nature and scale of the urban type improvements anticipated for
this development are not ones which the County can reasonably anticipate being able to address
with current or projected resources. Consideration should be made of the possibilities of a
making operations and maintenance of streets and drainage facilities a priority of the district.
9. Service Plans shall include descriptions of any planned or likely inclusions into, or exclusions of
property from the District's boundaries. Inclusions not identified by the service plan shall occur
only with the prior written approval of the Board of County Commissioners.
10. The Service Plan shall outline any anticipated needs or plans where it is planned that the District
will need to use its power of eminent domain. The Service Plan will contain language, which
limits the District to using its power of eminent domain to carrying out the District's essential
functions and "Primary Infrastructure Plan". The Service Plan shall acknowledge that the
District will need to receive approval from the Board of County Commissioners (BOCC) if it
desires to expand its Primary Infrastructure Plan. The use of eminent domain will be undertaken
strictly in compliance with State laws
11. Failure of a District to adhere to any of the conditions, restrictions, requirements, etc. contained
in this Policy or in the approved Service Plan shall be a material modification of the Service Plan
and shall carry whatever rights, remedies, and penalties which are available to the County or the
electors of the District under the Act.
Lee D. Morrison
Assistant Weld County Attorney
Hello